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(영문) 서울남부지방법원 2019.05.31 2018가합101339

기타(금전)

Text

1. The Defendant’s KRW 1,178,702,00 for the Plaintiff and KRW 5% per annum from January 1, 2017 to May 31, 2019.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “Co., Ltd”) held 9.99% of the shares issued by the Plaintiff, as a company that operated the wing house at the local level in Bangladesh.

The defendant, as the representative director of C, managed the above company on the spot.

D and E are the Plaintiff’s shareholders.

B. The Plaintiff ordered the Defendant to liquidate the sale of C’s goods.

On March 7, 2016, the Defendant, who performed the affairs of liquidation of sale, remitted USD 200,000 to the Plaintiff on March 7, 2016, USD 160,000 on March 9, 2016, and USD 100,000 on May 27, 2016.

In lieu of the payment of USD 100,000 at the end of 2016, the Plaintiff made it possible for the Defendant to pay the debt incurred to the said local money.

The Plaintiff calculated that the Defendant received the total of USD 560,000 ($ 200,000,000) from USD 160,000,000).

[Grounds for recognition] Unsatisfy, the result of the party principal examination of the plaintiff representative D, the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties’ assertion 1) sold the business of the Plaintiff Co., Ltd. to USD 2,00,000. The Defendant is obligated to pay the remainder of USD 1,532,60,520 with interest or delay damages, excluding the following money, etc. used to repay the debt . - The amount deducted from USD 141,00 borrowed from F for the operation of the Plaintiff Co., Ltd. - The amount to be paid to the Plaintiff: USD 1,858,814 ($ 2,00,000 - USD 141,000 - USD 141,000 - USD 99,000 - USD 1,298,814 - USD 1,858,814 - USD 560,000) converted from the Plaintiff’s money, etc. to USD 2,581,2615,2681,265,2015.